Attorney questions teen's motives

Mar. 19, 2014

High school student 18-year-old Rachel Canning in Morris County N.J. Superior Court in Morristown, NJ, suing her parents for financial support and college tuition after she claims they threw her out of the home. Her father, Sean, says Rachel left on her own. March 4, 2014, Morristown, NJ, Daily Record Staff Photographer/Bob Karp MOR 0304 Canning lawsuit / Staff photo

High school student 18-year-old Rachel Canning in Morris County N.J. Superior Court in Morristown, NJ, suing her parents for financial support and college tuition after she claims they threw her out of the home. Her father, Sean, says Rachel left on her own. March 4, 2014, Morristown, NJ, Daily Record Staff Photographer/Bob Karp MOR 0304 Canning lawsuit / Staff photo

Morris Catholic High School senior Rachel Canning has formally dismissed her lawsuit against her parents. / Bob Karp/Staff photo

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MORRISTOWN — Morris Catholic High School senior Rachel Canning, who attracted international notoriety by suing her parents for child support and college tuition costs after she left their Lincoln Park home, has dismissed her novel lawsuit.

The 18-year-old honor student, cheerleader and lacrosse player was accompanied by her attorney, Tanya N. Helfand, to Superior Court, in Morristown for a 10-minute appearance Tuesday morning before Judge Peter Bogaard that also was attended by her parents, Sean and Elizabeth Canning, and their lawyer, Angelo Sarno.

Although Rachel stated to the judge that it was her desire to have the lawsuit filed Feb. 24 dismissed against her parents, Helfand drew testy comments from both the judge and Sarno when she repeatedly questioned whether Rachel was acting out of confusion or because of an “overwhelming” response by the media to her lawsuit.

According to an audiotape of the proceeding, it began with the judge saying that it was his understanding that Rachel wished to dismiss the lawsuit. Helfand said she wanted “a proper voir dire” — questioning — of her client and elicited from Rachel that she was acting in a knowing and voluntary manner and was not being forced or coerced to dismiss the lawsuit.

Helfand reminded Rachel that she returned to her parents’ home on March 11 but a few days earlier had been resistant to a reunion. She reminded Rachel that a written proposal to end the lawsuit had been sent to her parents on March 10 yet was immediately followed up by Rachel going back to Lincoln Park the next day.

“We want to make sure you are not overwhelmed or confused,” Helfand said. “Are you comfortable with what’s going on in the household at this point?” Rachel responded yes.

Saying he wanted to “keep our eyes” on the stated goal of ending the lawsuit, the judge stopped Helfand from delving into accusations Rachel made against her parents in her lawsuit by limiting her to asking Rachel whether her certifications were “true and accurate.” Rachel said they were.

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Helfand also wanted to know whether Rachel intended to pursue therapy but was stopped from exploring the area.

“She’s 18 years old! You’re now opening up HIPPA?” the judge asked Helfand, referring to federal privacy regulations on an individual’s medical history.

“She’s a vulnerable person and I’m trying to make sure she’s protected,” Helfand told the judge.

Within moments, Bogaard ruled that he found Rachel was making a knowing and voluntary decision to end her lawsuit and he granted her request for dismissal.

“She’s obviously an intelligent young woman who has a very bright future,” Bogaard said. “We wish everyone good luck. The parties are encouraged to look forward, not back.”

Neither the Cannings nor Helfand could be reached after the brief proceeding.

Rachel, who left home and moved in with the Rockaway Township family of attorney and former Morris County Freeholder John Inglesino, sued her parents on Feb. 24, claiming they cut off emotional and financial support when she turned 18 on Nov. 1. Her parents counter-claimed that Rachel had become increasingly belligerent, refused to follow household rules, drank alcohol, and would not break up with a boyfriend they believed was a bad influence.

After four months elapsed and the Cannings ceased paying for the final half of Rachel’s senior year at Morris Catholic and appeared unwilling to pay upcoming college costs, she filed a suit for “constructive abandonment.” The unusual case attracted media attention from as far away as Japan and London. Her parents countered that Rachel had emancipated herself by moving out after refusing to follow their rules.

Inglesino, who drew hefty public criticism for bankrolling the lawsuit that cost his side at least $13,000, allowed Rachel to live in his home, he said, because she is best friends with his daughter Jaime and he was concerned her educational future was at risk without parental support.

Inglesino in a prepared statement Tuesday said: “My family and I are pleased that Rachel Canning has reunited with her family and can now plan for her future. That’s my statement for today.”

Inglesino, who was not at the hearing, declined to say whether he would try to recoup the fees he paid Helfand from the Cannings.

A day after Rachel went home last week, the attorney Sarno held a press conference and said the family wanted to move on but the lawsuit still was pending at that time. That same day, Helfand filed an emergency application with the court declaring that she suspected Rachel was being pressured by her parents and the media to drop the lawsuit.

Helfand wanted the judge to conduct a closed hearing, seal all records in the case and appoint a guardian to represent Rachel’s interests but the judge declined.

Had the lawsuit not been dismissed, Bogaard planned to hold a trial on April 22 to determine whether the parents still had an obligation to support their child and pay college tuition costs even though she had left home, or whether she had emancipated herself and could not legally expect their money.